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|
As Introduced
123rd General Assembly
Regular Session
1999-2000 | S. B. No. 141 |
SENATOR MUMPER
A BILL
To amend sections 1521.01, 5516.061, 6111.03, 6111.04, and
6111.44 and to
enact sections 307.203, 903.01 to 903.15, 903.99, and 1521.19 of the
Revised Code to
transfer authority to issue permits for the construction of
new or modification of existing concentrated animal feeding
operations from the Director of Environmental Protection to the
Director of Agriculture, to
provide for the regulation of concentrated
animal feeding operations, and to make an appropriation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1521.01, 5516.061, 6111.03,
6111.04, and 6111.44
be amended and sections 307.203, 903.01, 903.02, 903.03, 903.04, 903.05,
903.06, 903.07, 903.08, 903.09, 903.10, 903.11, 903.12, 903.13, 903.14,
903.15, 903.99, and 1521.19 of the
Revised
Code be enacted to read as follows:
Sec. 307.203. (A) AS USED IN THIS SECTION, "ANIMAL UNIT,"
"CONCENTRATED ANIMAL FEEDING OPERATION," AND "MAJOR CONCENTRATED ANIMAL
FEEDING
OPERATION" HAVE THE SAME MEANINGS AS IN SECTION 903.01 of the Revised Code.
(B) A PERSON WHO PROPOSES TO DO ANY OF THE FOLLOWING SHALL MEET
WITH THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY AND THE BOARD
OF TRUSTEES OF THE TOWNSHIP IN WHICH A PROPOSED NEW OR EXPANDED MAJOR
CONCENTRATED ANIMAL FEEDING OPERATION IS OR IS TO BE LOCATED:
(1) ESTABLISH A NEW MAJOR CONCENTRATED ANIMAL FEEDING OPERATION;
(2) INCREASE THE NUMBER OF ANIMAL UNITS OF DESIGN CAPACITY OF AN EXISTING
MAJOR CONCENTRATED ANIMAL FEEDING OPERATION BY TEN PER CENT OR MORE IN EXCESS
OF THE DESIGN CAPACITY SET FORTH IN THE CURRENT PERMIT FOR CONSTRUCTION OR
MODIFICATION OF THE OPERATION OR FOR INSTALLATION OR
MODIFICATION OF THE DISPOSAL SYSTEM FOR MANURE AT THE OPERATION ISSUED UNDER
SECTION 903.02 OR
DIVISION (J) OF SECTION 6111.03 of the Revised Code, AS APPLICABLE;
(3) INCREASE THE NUMBER OF ANIMAL UNITS OF DESIGN CAPACITY OF AN EXISTING
CONCENTRATED ANIMAL FEEDING OPERATION BY TEN PER CENT OR MORE IN EXCESS OF THE
DESIGN CAPACITY SET FORTH IN THE CURRENT PERMIT FOR CONSTRUCTION OR
MODIFICATION OF THE OPERATION OR FOR INSTALLATION OR
MODIFICATION OF THE DISPOSAL SYSTEM FOR MANURE AT THE OPERATION ISSUED UNDER
SECTION 903.02 OR
DIVISION (J) OF SECTION
6111.03 of the Revised Code, AS APPLICABLE, AND TO A DESIGN CAPACITY OF MORE THAN TEN
THOUSAND ANIMAL UNITS.
THE MEETING SHALL OCCUR BEFORE THE APPLICANT FILES THE APPLICATION FOR A
PERMIT FOR THE CONSTRUCTION OR MODIFICATION OF THE OPERATION UNDER
SECTION 903.02 of the Revised Code. THE MEETING WITH THE BOARD OF
COUNTY COMMISSIONERS MAY BE CONDUCTED SEPARATELY FROM THE MEETING WITH THE
BOARD OF TOWNSHIP TRUSTEES. AT THE MEETING, THE BOARDS AND
THE PERSON SHALL DISCUSS THE POTENTIAL IMPACT OF THE PROPOSED NEW OR EXPANDED
OPERATION ON COUNTY AND TOWNSHIP ROADS WITHIN THE COUNTY. THE BOARDS SHALL
PREPARE A WRITTEN, DATED STATEMENT IN DUPLICATE CERTIFYING THAT THE MEETING
AND DISCUSSION TOOK PLACE AND MAY ADD ANY COMMENTS TO THE STATEMENT THAT THE
BOARDS CONSIDER APPROPRIATE. THE BOARDS SHALL PROVIDE THE PERSON WITH THE
ORIGINAL OF THE STATEMENT SO THAT IT CAN BE INCLUDED WITH THE PERMIT
APPLICATION AND SHALL RETAIN THE COPY IN THE BOARDS' RECORDS.
Sec. 903.01. AS USED IN THIS CHAPTER:
(A) "ANIMAL UNIT" MEANS
A UNIT OF MEASUREMENT CALCULATED BY ADDING THE FOLLOWING
NUMBERS:
(1) THE NUMBER OF SLAUGHTER AND FEEDER CATTLE MULTIPLIED
BY ONE;
(2) THE NUMBER OF MATURE DAIRY CATTLE WHETHER MILKED OR
DRY MULTIPLIED BY ONE AND FOUR-TENTHS;
(3) THE NUMBER OF SWINE EACH WEIGHING OVER FIFTY-FIVE
POUNDS MULTIPLIED BY FOUR-TENTHS;
(4) THE NUMBER OF HORSES MULTIPLIED BY TWO;
(5) THE NUMBER OF SHEEP OR LAMBS MULTIPLIED BY ONE-TENTH;
(6) THE NUMBER OF TURKEYS MULTIPLIED BY TWO-HUNDREDTHS;
(7) THE NUMBER OF LAYING HENS OR BROILERS MULTIPLIED BY
ONE-HUNDREDTH;
(8) THE NUMBER OF DUCKS MULTIPLIED BY TWO-TENTHS.
(B) "CONCENTRATED ANIMAL FEEDING OPERATION" MEANS A SITE, TRACT
OF LAND,
BUILDING, OR STRUCTURE TO WHICH ALL OF THE FOLLOWING APPLY:
(1) ANIMALS, OTHER THAN AQUATIC ANIMALS, HAVE BEEN, ARE, OR WILL BE
STABLED OR CONFINED, AND FED OR MAINTAINED, THERE FOR A TOTAL OF FORTY-FIVE
DAYS OR MORE DURING ANY TWELVE-MONTH PERIOD.
(2) CROPS, VEGETATIVE FORAGE GROWTH, OR POST-HARVEST RESIDUES ARE NOT
SUSTAINED IN THE NORMAL GROWING SEASON ON ANY PORTION OF THE SITE OR TRACT OF
LAND ON WHICH ARE LOCATED BUILDINGS OR STRUCTURES IN WHICH ANIMALS ARE STABLED
OR CONFINED.
(3) BUILDINGS OR STRUCTURES IN WHICH ANIMALS ARE STABLED OR CONFINED ON
THE SITE OR TRACT OF LAND, TOGETHER WITH BUILDINGS OR STRUCTURES IN WHICH
ANIMALS ARE STABLED OR CONFINED ON ADJOINING SITES OR TRACTS OF LAND OR ON
SITES OR TRACTS OF LAND WITH WHICH IS SHARED A COMMON WASTE DISPOSAL SYSTEM,
HAVE A TOTAL DESIGN CAPACITY OF MORE
THAN ONE THOUSAND ANIMAL UNITS.
(C) "FEDERAL
WATER
POLLUTION
CONTROL
ACT" MEANS THE
"FEDERAL
WATER
POLLUTION
CONTROL
ACT
AMENDMENTS OF 1972," 86
STAT. 816, 33
U.S.C.
1251 ET. SEQ., AS AMENDED, AND REGULATIONS ADOPTED UNDER IT.
(D) "MAJOR CONCENTRATED ANIMAL FEEDING OPERATION" MEANS A
CONCENTRATED ANIMAL FEEDING OPERATION WITH A TOTAL DESIGN CAPACITY OF MORE
THAN TEN THOUSAND ANIMAL UNITS.
(E) "MANURE" MEANS ANIMAL EXCRETA, DISCARDED
PRODUCTS, BEDDING, WASH WATERS, WASTE FEED, SILAGE DRAINAGE, AND
COMPOST PRODUCTS RESULTING FROM MORTALITY COMPOSTING OR THE
COMPOSTING OF ANIMAL EXCRETA.
(F) "MANURE STORAGE OR TREATMENT FACILITY" MEANS
ANY EXCAVATED, DIKED, OR WALLED STRUCTURE OR COMBINATION OF
STRUCTURES DESIGNED FOR THE BIOLOGICAL STABILIZATION, HOLDING,
OR STORAGE OF MANURE.
(G) "MORTALITY COMPOSTING" MEANS THE CONTROLLED
DECOMPOSITION OF ORGANIC SOLID MATERIAL CONSISTING OF DEAD
ANIMALS THAT STABILIZES THE ORGANIC FRACTION OF THE
MATERIAL.
Sec. 903.02. (A) AS USED IN THIS SECTION:
(1) "BEST MANAGEMENT PRACTICES" MEANS BEST MANAGEMENT
PRACTICES ESTABLISHED IN RULES.
(2) "OPERATION" MEANS A PROPOSED NEW OR MODIFIED
CONCENTRATED ANIMAL FEEDING OPERATION.
(3) "PERMIT" MEANS AN INITIAL PERMIT OR PERMIT MODIFICATION ISSUED UNDER
THIS SECTION
UNLESS OTHERWISE INDICATED.
(B) ON AND AFTER THE
EFFECTIVE DATE OF THIS SECTION, NO PERSON SHALL MODIFY AN
EXISTING OR CONSTRUCT A NEW CONCENTRATED ANIMAL FEEDING
OPERATION WITHOUT OBTAINING A PERMIT ISSUED BY THE DIRECTOR OF
AGRICULTURE UNDER THIS SECTION.
(C) THE DIRECTOR OR
THE DIRECTOR'S DESIGNEE MAY HELP AN APPLICANT FOR A PERMIT
DURING THE PERMITTING PROCESS BY PROVIDING GUIDANCE AND
TECHNICAL ASSISTANCE.
(D) AN APPLICANT FOR
AN INITIAL PERMIT SHALL SUBMIT AN APPLICATION TO THE DIRECTOR ON A FORM
THAT THE DIRECTOR PRESCRIBES AND PROVIDES, TOGETHER WITH A FEE
IN AN AMOUNT ESTABLISHED BY RULE. THE APPLICANT SHALL INCLUDE
WITH THE APPLICATION ALL OF THE FOLLOWING INFORMATION:
(1) THE NAME AND ADDRESS OF THE APPLICANT, OF ALL
PARTNERS IF THE APPLICANT IS A PARTNERSHIP OR OF ALL OFFICERS
AND DIRECTORS IF THE APPLICANT IS A CORPORATION, AND OF ANY
OTHER PERSON WHO HAS A RIGHT TO CONTROL OR IN FACT CONTROLS
MANAGEMENT OF THE APPLICANT OR THE SELECTION OF OFFICERS,
DIRECTORS, OR MANAGERS OF THE APPLICANT;
(2) THE TYPE OF LIVESTOCK AND THE NUMBER OF ANIMAL
UNITS THAT THE OPERATION WOULD HAVE THE DESIGN CAPACITY TO RAISE
OR MAINTAIN;
(3) DESIGN AND ENGINEERING PLANS FOR THE PROPOSED
CONSTRUCTION OF THE OPERATION THAT INCLUDE THE
PROPOSED LOCATION OF THE CONSTRUCTION, DESIGN
AND ENGINEERING CONSTRUCTION PLANS AND SPECIFICATIONS,
ANTICIPATED BEGINNING AND ENDING DATES FOR WORK PERFORMED, AND
ANY OTHER INFORMATION THAT THE DIRECTOR REQUIRES BY RULE;
(4) A MANURE MANAGEMENT PLAN FOR THE OPERATION THAT
CONFORMS TO BEST MANAGEMENT PRACTICES REGARDING THE HANDLING,
STORAGE, TRANSPORTATION, AND LAND APPLICATION OF MANURE
GENERATED AT THE OPERATION AND THAT CONTAINS ANY OTHER
INFORMATION REQUIRED BY RULE;
(5) AN INSECT AND RODENT CONTROL PLAN FOR THE
OPERATION PREPARED IN ACCORDANCE WITH SECTION 903.08
OF THE REVISED
CODE;
(6) INFORMATION CONCERNING THE APPLICANT'S PAST
COMPLIANCE WITH THE FEDERAL
WATER
POLLUTION
CONTROL
ACT REQUIRED
TO BE PROVIDED UNDER SECTION 903.03 OF THE
REVISED
CODE, IF APPLICABLE;
(7) IN THE CASE OF AN APPLICATION FOR AN OPERATION
THAT WOULD HAVE A TOTAL DESIGN CAPACITY TO RAISE OR MAINTAIN
MORE THAN TEN THOUSAND ANIMAL UNITS, WRITTEN PROOF THAT THE
PERSON WHO WOULD BE RESPONSIBLE FOR THE SUPERVISION OF THE MANAGEMENT AND
HANDLING
OF MANURE AT THE OPERATION HAS BEEN ISSUED A LIVESTOCK MANAGER
CERTIFICATION IN ACCORDANCE WITH SECTION 903.06
OF THE REVISED
CODE;
(8) IN THE CASE OF AN APPLICATION FOR AN OPERATION
THAT MEETS THE CRITERIA ESTABLISHED IN SECTION 307.203 OF THE
REVISED
CODE, A WRITTEN STATEMENT FROM THE
BOARD OF COUNTY COMMISSIONERS OF THE COUNTY AND THE BOARD OF
TOWNSHIP TRUSTEES OF THE TOWNSHIP IN WHICH THE OPERATION
WOULD BE LOCATED CERTIFYING THAT, IN ACCORDANCE WITH THAT SECTION, THE
APPLICANT HAS MET AND
DISCUSSED WITH THE BOARDS THE
POTENTIAL IMPACT OF THE NEW OR EXPANDED OPERATION ON COUNTY AND
TOWNSHIP ROADS WITHIN THE COUNTY;
(9) ANY OTHER INFORMATION REQUIRED BY RULE.
INFORMATION REQUIRED TO BE INCLUDED IN AN APPLICATION FOR A PERMIT
MODIFICATION, TOGETHER WITH THE APPLICABLE FEE AMOUNT, SHALL BE ESTABLISHED IN
RULES.
(E) NOT LATER THAN
NINETY DAYS AFTER RECEIVING A PERMIT APPLICATION, THE DIRECTOR
SHALL ISSUE OR DENY THE PERMIT. IF THE PERMIT IS DENIED,
THE DIRECTOR SHALL NOTIFY THE APPLICANT IN WRITING OF THE REASON
FOR THE DENIAL.
THE DIRECTOR SHALL
DENY A PERMIT IF ANY OF THE FOLLOWING APPLIES:
(1) THE PERMIT APPLICATION CONTAINS INCOMPLETE,
MISLEADING, OR FALSE INFORMATION.
(2) THE DESIGN AND ENGINEERING PLANS, MANURE
MANAGEMENT PLAN, OR INSECT AND RODENT CONTROL PLAN FAILS TO
CONFORM TO BEST MANAGEMENT PRACTICES.
(3) ON AND AFTER THE DATE THAT IS EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE
OF THIS SECTION, THE CHIEF OF THE DIVISION OF WATER IN THE
DEPARTMENT OF NATURAL RESOURCES HAS NOT APPROVED A HYDROGEOLOGIC
REPORT FOR THE OPERATION IN ACCORDANCE WITH SECTION 1521.19 OF
THE REVISED
CODE, IF APPLICABLE.
ADDITIONAL GROUNDS FOR THE DENIAL OF A PERMIT SHALL BE THOSE
ESTABLISHED IN THIS CHAPTER AND RULES.
(F) THE DIRECTOR MAY SUSPEND OR REVOKE A PERMIT IN ACCORDANCE
WITH RULES.
(G) UPON ISSUING A
PERMIT FOR AN OPERATION, THE DIRECTOR OF AGRICULTURE PROMPTLY
SHALL NOTIFY THE DIRECTOR OF ENVIRONMENTAL PROTECTION OF THE
ISSUANCE. UPON REQUEST BY THE DIRECTOR OF ENVIRONMENTAL
PROTECTION, THE DIRECTOR OF AGRICULTURE SHALL FORWARD
TO THE DIRECTOR OF ENVIRONMENTAL PROTECTION
ALL OR PART OF THE INFORMATION CONTAINED IN THE PERMIT
APPLICATION SO THAT THE DIRECTOR OF ENVIRONMENTAL PROTECTION
MAY DETERMINE IF THE OPERATION ALSO REQUIRES A PERMIT UNDER
SECTION 6111.03 OF THE REVISED
CODE FOR THE DISCHARGE OF WASTE
INTO THE WATERS OF THIS STATE OR UNDER SECTION 6111.035 OF THE
REVISED
CODE FOR THE DISCHARGE OF STORM
WATER.
(H) WHEN OWNERSHIP OF AN OPERATION FOR WHICH A PERMIT HAS BEEN
ISSUED UNDER THIS SECTION OR AN INSTALLATION PERMIT HAS BEEN ISSUED UNDER
DIVISION (J)(1) OF SECTION 6111.03 OF THE REVISED
CODE IS
TRANSFERRED, THE PERMIT OR INSTALLATION PERMIT IS TRANSFERABLE TO THE NEW
OWNER OF THE OPERATION. THE NEW OWNER IS NOT REQUIRED TO APPLY FOR A PERMIT
SOLELY
BECAUSE OWNERSHIP OF THE OPERATION HAS BEEN TRANSFERRED.
Sec. 903.03. (A) EACH APPLICATION FOR A PERMIT ISSUED UNDER
SECTION 903.02 OF THE REVISED CODE THAT IS SUBMITTED BY AN
APPLICANT WHO HAS NOT
OPERATED A CONCENTRATED ANIMAL FEEDING OPERATION IN THIS STATE FOR AT LEAST
TWO OF THE FIVE YEARS IMMEDIATELY PRECEDING THE SUBMISSION OF THE APPLICATION
SHALL BE ACCOMPANIED BY
ALL OF THE FOLLOWING:
(1) A LISTING OF ALL CONCENTRATED ANIMAL FEEDING OPERATIONS THAT
THE OWNER OR OPERATOR OF THE PROPOSED NEW OR MODIFIED CONCENTRATED ANIMAL
FEEDING OPERATION
HAS OPERATED OR IS OPERATING IN
THIS STATE;
(2) A LISTING OF THE CONCENTRATED ANIMAL FEEDING OPERATIONS THAT THE OWNER
OR OPERATOR HAS OPERATED OR IS OPERATING ELSEWHERE IN THE UNITED
STATES AND THAT ARE ARE REGULATED UNDER THE FEDERAL
WATER POLLUTION CONTROL ACT;
(3) A LISTING OF ALL ADMINISTRATIVE ENFORCEMENT
ORDERS ISSUED TO THE OWNER OR OPERATOR, ALL CIVIL
ACTIONS IN WHICH THE OWNER OR OPERATOR WAS DETERMINED BY THE TRIER OF FACT TO
BE LIABLE IN DAMAGES OR WAS THE SUBJECT OF INJUNCTIVE RELIEF OR ANOTHER TYPE
OF CIVIL RELIEF, AND ALL CRIMINAL ACTIONS IN WHICH THE OWNER OR OPERATOR
PLEADED GUILTY OR WAS CONVICTED, DURING
THE FIVE YEARS IMMEDIATELY PRECEDING THE SUBMISSION OF THE
APPLICATION,
IN CONNECTION WITH ANY VIOLATION OF
THE FEDERAL WATER POLLUTION CONTROL
ACT THAT WAS ALLEGED TO
HAVE OCCURRED OR TO BE OCCURRING AT ANY CONCENTRATED ANIMAL
FEEDING OPERATION THAT THE OWNER OR OPERATOR HAS OPERATED OR IS OPERATING
IN THE UNITED STATES.
THE LISTS OF CONCENTRATED ANIMAL FEEDING OPERATIONS OPERATED BY
THE OWNER OR OPERATOR WITHIN OR OUTSIDE THIS STATE SHALL INCLUDE,
RESPECTIVELY, ALL SUCH
OPERATIONS OPERATED BY THE OWNER OR OPERATOR DURING THE FIVE-YEAR PERIOD
IMMEDIATELY PRECEDING THE SUBMISSION OF THE APPLICATION.
(B) IF THE APPLICANT FOR
A PERMIT HAS BEEN
INVOLVED IN ANY PRIOR ACTIVITY INVOLVING THE
OPERATION OF A CONCENTRATED ANIMAL FEEDING OPERATION, THE DIRECTOR OF
AGRICULTURE MAY
DENY THE APPLICATION IF THE DIRECTOR FINDS FROM THE
APPLICATION, THE INFORMATION SUBMITTED UNDER DIVISIONS (A)(1) TO (3)
OF THIS SECTION, PERTINENT INFORMATION
SUBMITTED TO THE DIRECTOR, AND OTHER PERTINENT INFORMATION
OBTAINED BY THE DIRECTOR AT THE DIRECTOR'S DISCRETION, THAT THE
APPLICANT AND PERSONS ASSOCIATED WITH THE APPLICANT, IN THE
OPERATION OF CONCENTRATED ANIMAL FEEDING OPERATIONS, HAVE
A HISTORY OF SUBSTANTIAL NONCOMPLIANCE WITH THE FEDERAL
WATER POLLUTION CONTROL ACT
THAT INDICATES THAT
THE APPLICANT LACKS
SUFFICIENT RELIABILITY, EXPERTISE, AND COMPETENCE TO OPERATE THE
PROPOSED NEW OR MODIFIED CONCENTRATED ANIMAL FEEDING OPERATION IN
SUBSTANTIAL COMPLIANCE WITH THIS CHAPTER, CHAPTER 6111. OF THE
REVISED CODE, AND RULES ADOPTED UNDER THEM.
Sec. 903.04. THE DIRECTOR OF AGRICULTURE SHALL ADOPT
RULES IN ACCORDANCE WITH
CHAPTER 119. OF THE
REVISED
CODE THAT DO ALL OF THE
FOLLOWING:
(A) ESTABLISH ALL OF THE
FOLLOWING CONCERNING LIVESTOCK MANAGER
CERTIFICATION REQUIRED UNDER
SECTION 903.06 OF THE
REVISED CODE:
(1) THE INFORMATION TO BE INCLUDED IN AN APPLICATION FOR
A LIVESTOCK MANAGER CERTIFICATION AND THE AMOUNT
OF THE APPLICATION FEE;
(2) THE CONTENT OF THE TRAINING REQUIRED TO BE COMPLETED
AND OF THE EXAMINATION REQUIRED TO BE PASSED BY AN APPLICANT FOR
A LIVESTOCK MANAGER CERTIFICATION. THE TRAINING
SHALL INCLUDE AND THE EXAMINATION SHALL TEST THE APPLICANT'S
KNOWLEDGE OF INFORMATION ON TOPICS THAT INCLUDE, WITHOUT
LIMITATION, CALCULATING NUTRIENT VALUES IN MANURE,
DEVISING AND IMPLEMENTING A PLAN FOR THE LAND APPLICATION OF
MANURE, REMOVING MANURE HELD IN A MANURE STORAGE OR TREATMENT
FACILITY, AND FOLLOWING BEST MANAGEMENT
PRACTICES ESTABLISHED IN RULES FOR DISPOSAL OF DEAD
ANIMALS AND MANURE MANAGEMENT,
INCLUDING PRACTICES THAT CONTROL ODOR AND PROTECT THE
ENVIRONMENT. THE DIRECTOR MAY SPECIFY OTHER TYPES OF RECOGNIZED
TRAINING PROGRAMS THAT, IF COMPLETED, ARE CONSIDERED TO SATISFY
THE TRAINING AND EXAMINATION REQUIREMENT.
(3) CRITERIA AND PROCEDURES FOR THE DENIAL, SUSPENSION, REVOCATION, OR
REINSTATEMENT OF
A LIVESTOCK MANAGER CERTIFICATION;
(4) THE LENGTH OF TIME DURING WHICH LIVESTOCK MANAGER CERTIFICATIONS WILL
BE VALID AND PROCEDURES FOR
THEIR RENEWAL;
(5) THE VOLUME OF MANURE THAT MUST BE TRANSPORTED, BOUGHT, OR SOLD
ANNUALLY BY A PERSON IN ORDER FOR THE PERSON TO BE REQUIRED TO OBTAIN A
LIVESTOCK MANAGER CERTIFICATION UNDER DIVISION (A)(2) OF SECTION
903.06 OF THE REVISED CODE;
(6) ANY OTHER PROVISIONS NECESSARY TO ADMINISTER AND
ENFORCE SECTION 903.06 OF THE
REVISED
CODE.
(B) ESTABLISH ALL OF THE FOLLOWING CONCERNING INSECT AND
RODENT CONTROL PLANS REQUIRED UNDER SECTION 903.08 OF THE
REVISED
CODE:
(1) THE INFORMATION TO BE INCLUDED IN AN INSECT AND
RODENT CONTROL PLAN;
(2) CRITERIA FOR APPROVING, DISAPPROVING, OR
REQUIRING MODIFICATION OF AN INSECT AND RODENT
CONTROL PLAN;
(3) CRITERIA FOR DETERMINING COMPLIANCE WITH OR
VIOLATION OF AN INSECT AND RODENT CONTROL PLAN;
(4) PROCEDURES AND STANDARDS FOR MONITORING INSECT AND
RODENT CONTROL PLANS;
(5) PROCEDURES AND STANDARDS FOR ENFORCING INSECT AND
RODENT CONTROL PLANS AT CONCENTRATED ANIMAL FEEDING OPERATIONS
AT WHICH INSECTS OR RODENTS CONSTITUTE A NUISANCE OR ADVERSELY
AFFECT PUBLIC HEALTH;
(6) THE AMOUNT OF CIVIL PENALTIES FOR VIOLATION OF AN INSECT AND RODENT
CONTROL PLAN ASSESSED UNDER SECTION 903.13 OF THE
REVISED CODE, PROVIDED THAT THE RULES ADOPTED UNDER DIVISION
(B)(6) OF THIS SECTION SHALL NOT ESTABLISH A CIVIL PENALTY OF MORE
THAN FIVE THOUSAND DOLLARS FOR A VIOLATION INVOLVING A CONCENTRATED ANIMAL
FEEDING OPERATION WITH A TOTAL DESIGN CAPACITY OF TEN THOUSAND OR FEWER ANIMAL
UNITS AND SHALL NOT ESTABLISH A CIVIL PENALTY OF MORE THAN TWENTY-FIVE
THOUSAND DOLLARS FOR A VIOLATION INVOLVING A MAJOR CONCENTRATED ANIMAL FEEDING
OPERATION.
(C) ESTABLISH ALL OF THE FOLLOWING CONCERNING PERMITS ISSUED
UNDER SECTION 903.02 OF THE
REVISED
CODE:
(1) A DESCRIPTION OF WHAT CONSTITUTES A MODIFICATION
OF A CONCENTRATED ANIMAL FEEDING OPERATION;
(2) THE AMOUNT OF THE FEE THAT MUST BE SUBMITTED WITH
AN INITIAL PERMIT APPLICATION AND AN APPLICATION FOR A PERMIT
MODIFICATION;
(3) INFORMATION THAT MUST BE INCLUDED IN
DESIGN AND ENGINEERING PLANS REQUIRED TO BE SUBMITTED
WITH THE PERMIT APPLICATION AND CRITERIA FOR APPROVING,
DISAPPROVING, OR REQUIRING MODIFICATION OF THE PLANS;
(4) INFORMATION THAT MUST BE INCLUDED IN A MANURE
MANAGEMENT PLAN REQUIRED TO BE SUBMITTED WITH A PERMIT
APPLICATION;
(5) INFORMATION THAT MUST BE INCLUDED IN AN APPLICATION FOR THE
MODIFICATION OF A PERMIT THAT INITIALLY WAS ISSUED UNDER DIVISION
(J)(1) OF SECTION 6111.03 OF THE REVISED CODE FOR
THE
INSTALLATION OF A DISPOSAL SYSTEM AT A CONCENTRATED ANIMAL FEEDING
OPERATION AND OF A PERMIT THAT INITIALLY WAS ISSUED UNDER SECTION 903.02
OF THE REVISED CODE;
(6) ANY ADDITIONAL INFORMATION
THAT MUST BE INCLUDED WITH A PERMIT APPLICATION;
(7) GROUNDS FOR THE DENIAL, SUSPENSION, OR REVOCATION
OF A PERMIT IN ADDITION TO THE GROUNDS ESTABLISHED IN DIVISION
(E) OF SECTION 903.02 OF THE
REVISED
CODE.
(D) ESTABLISH BEST MANAGEMENT PRACTICES
GOVERNING ALL OF THE FOLLOWING ACTIVITIES THAT OCCUR AT A
CONCENTRATED ANIMAL FEEDING OPERATION:
(1) MANURE MANAGEMENT, INCLUDING, WITHOUT LIMITATION,
THE STORAGE, HANDLING, TRANSPORTATION, AND LAND APPLICATION OF
MANURE, TOGETHER WITH METHODS FOR MINIMIZING ODORS, INSECTS, AND
RODENTS ASSOCIATED WITH MANURE;
(2) DISPOSAL OF DEAD LIVESTOCK;
(3) ANY OTHER ACTIVITY THAT THE DIRECTOR CONSIDERS
APPROPRIATE.
BEST MANAGEMENT PRACTICES ESTABLISHED IN RULES ADOPTED UNDER DIVISION
(D) OF THIS
SECTION SHALL NOT CONFLICT WITH BEST MANAGEMENT PRACTICES
ESTABLISHED IN RULES THAT HAVE BEEN ADOPTED UNDER ANY OTHER
SECTION OF THE REVISED
CODE AND THAT ARE IN EFFECT ON
THE EFFECTIVE DATE OF THIS SECTION.
(E) ESTABLISH THE AMOUNT OF CIVIL PENALTIES ASSESSED UNDER
SECTION 903.15 of the Revised Code FOR VIOLATION OF THE TERMS OF A PERMIT;
(F) ESTABLISH ANY OTHER
PROVISIONS NECESSARY TO ADMINISTER AND ENFORCE THIS
CHAPTER.
Sec. 903.05. THE DIRECTOR OF AGRICULTURE OR THE
DIRECTOR'S AUTHORIZED REPRESENTATIVE MAY ENTER UPON ANY PUBLIC
OR PRIVATE PROPERTY, REAL OR PERSONAL, TO MAKE INVESTIGATIONS
AND INSPECTIONS OR TO OTHERWISE DISCHARGE DUTIES NECESSARY FOR
THE ADMINISTRATION AND ENFORCEMENT OF THIS CHAPTER. IF REFUSED
ENTRY, THE DIRECTOR OR THE DIRECTOR'S REPRESENTATIVE MAY APPLY
FOR AND THE COURT OF COMMON PLEAS HAVING JURISDICTION MAY ISSUE
AN APPROPRIATE WARRANT.
Sec. 903.06. (A) ON AND AFTER THE DATE THAT IS EIGHTEEN MONTHS
AFTER THE EFFECTIVE DATE OF THIS SECTION, BOTH OF THE FOLLOWING APPLY:
(1) THE
MANAGEMENT AND HANDLING OF MANURE AT A MAJOR CONCENTRATED ANIMAL FEEDING
OPERATION, INCLUDING, WITHOUT LIMITATION, THE LAND
APPLICATION OF MANURE OR THE REMOVAL OF MANURE FROM
A MANURE STORAGE OR TREATMENT FACILITY, SHALL BE CONDUCTED ONLY BY OR UNDER
THE SUPERVISION OF
A PERSON HOLDING A VALID LIVESTOCK MANAGER
CERTIFICATION ISSUED UNDER THIS SECTION. A PERSON MANAGING OR HANDLING MANURE
WHO IS ACTING
UNDER THE INSTRUCTIONS AND CONTROL OF A PERSON HOLDING A VALID
LIVESTOCK MANAGER CERTIFICATION IS CONSIDERED TO BE UNDER THE
SUPERVISION OF THE CERTIFICATE HOLDER IF THE CERTIFICATE HOLDER
IS RESPONSIBLE FOR THE ACTIONS OF THE PERSON AND IS AVAILABLE
WHEN NEEDED EVEN THOUGH THE CERTIFICATE HOLDER IS NOT
PHYSICALLY PRESENT AT THE TIME OF THE MANURE MANAGEMENT OR
HANDLING.
(2) NO PERSON SHALL TRANSPORT, BUY, OR SELL
ANNUALLY THE VOLUME OF MANURE ESTABLISHED IN RULES ADOPTED BY THE DIRECTOR OF
AGRICULTURE UNDER DIVISION (A)(5) OF SECTION 903.04 OF THE
REVISED CODE UNLESS THE PERSON HOLDS
A VALID LIVESTOCK MANAGER CERTIFICATION ISSUED UNDER THIS
SECTION.
(B) THE DIRECTOR SHALL ISSUE A LIVESTOCK MANAGER
CERTIFICATION TO A PERSON WHO HAS SUBMITTED A COMPLETE APPLICATION FOR
CERTIFICATION ON A FORM PRESCRIBED AND PROVIDED BY THE DIRECTOR,
TOGETHER WITH THE APPROPRIATE APPLICATION FEE, AND WHO
HAS COMPLETED SUCCESSFULLY THE REQUIRED TRAINING AND HAS PASSED
THE REQUIRED EXAMINATION. THE DIRECTOR MAY SUSPEND OR REVOKE A LIVESTOCK
MANAGER CERTIFICATION AND
MAY REINSTATE A SUSPENDED OR REVOKED LIVESTOCK MANAGER CERTIFICATION IN
ACCORDANCE WITH RULES.
(C) INFORMATION REQUIRED
TO BE INCLUDED IN AN APPLICATION FOR A LIVESTOCK MANAGER CERTIFICATION, THE
AMOUNT OF THE APPLICATION FEE,
AND REQUIREMENTS REGARDING TRAINING AND THE EXAMINATION SHALL BE
ESTABLISHED IN RULES.
Sec. 903.07. THE DIRECTOR OF AGRICULTURE MAY ENTER INTO CONTRACTS OR
AGREEMENTS TO CARRY OUT THE PURPOSES OF
THIS CHAPTER WITH ANY PERSON,
GOVERNMENTAL AGENCY, OR PUBLIC OR PRIVATE ORGANIZATION,
INCLUDING, WITHOUT LIMITATION, THE
OHIO STATE UNIVERSITY
EXTENSION SERVICE, THE NATURAL RESOURCES CONSERVATION SERVICE IN THE
UNITED
STATES DEPARTMENT OF
AGRICULTURE, THE DIVISION OF SOIL AND WATER CONSERVATION IN THE DEPARTMENT OF
NATURAL RESOURCES, AND SOIL AND WATER CONSERVATION
DISTRICTS ESTABLISHED UNDER CHAPTER 1515. OF THE REVISED
CODE.
Sec. 903.08. (A) AS USED IN THIS SECTION:
(1) "OPERATION" MEANS A CONCENTRATED ANIMAL FEEDING
OPERATION.
(2) "OWNER" INCLUDES AN OWNER OR OPERATOR OF A CONCENTRATED
ANIMAL FEEDING OPERATION.
(3) "PLAN" MEANS AN INSECT AND RODENT CONTROL PLAN
PREPARED UNDER THIS SECTION.
(B) AN OWNER OF A
CONCENTRATED ANIMAL FEEDING OPERATION SHALL PREPARE AND SUBMIT
TO THE DIRECTOR OF AGRICULTURE IN ACCORDANCE WITH RULES
AN INSECT AND RODENT
CONTROL PLAN DESIGNED TO MINIMIZE THE PRESENCE AND NEGATIVE
EFFECTS OF INSECTS AND RODENTS AT THE
OPERATION AND IN SURROUNDING AREAS, INCLUDING, WITHOUT LIMITATION,
LAND ON WHICH MANURE IS STORED OR APPLIED. THE PLAN SHALL CONFORM TO BEST
MANAGEMENT PRACTICES ESTABLISHED IN RULES. THE DIRECTOR SHALL
APPROVE OR DENY THE PLAN NOT LATER
THAN THIRTY DAYS FOLLOWING ITS RECEIPT AND MAY
REQUIRE MODIFICATION OF THE PLAN AT THAT TIME OR A LATER TIME IN
ACCORDANCE WITH RULES.
(C) ON AND AFTER THE DATE THAT IS EIGHTEEN MONTHS
AFTER THE EFFECTIVE DATE OF THIS SECTION, NO PERSON SHALL OWN OR
OPERATE A CONCENTRATED ANIMAL FEEDING OPERATION UNLESS AN INSECT
AND RODENT CONTROL PLAN FOR THE
OPERATION HAS BEEN APPROVED BY THE DIRECTOR.
(D) THE DIRECTOR SHALL ENFORCE AN
INSECT AND RODENT CONTROL PLAN IN ACCORDANCE WITH RULES
AND MAY ASSESS A CIVIL
PENALTY IN ACCORDANCE WITH RULES AND SECTION 903.13 OF THE
REVISED
CODE AGAINST AN OWNER
OF A CONCENTRATED ANIMAL FEEDING OPERATION WHO OPERATES
IT WITHOUT A PLAN APPROVED BY THE
DIRECTOR OR WHO VIOLATES THE OPERATION'S
PLAN.
Sec. 903.09. ALL MONEY COLLECTED BY THE DIRECTOR OF
AGRICULTURE FROM APPLICATION FEES UNDER SECTIONS 903.02 AND 903.06 OF THE
REVISED
CODE AND FROM CIVIL PENALTIES
UNDER SECTION 903.13 OF THE
REVISED
CODE SHALL BE DEPOSITED IN THE
LIVESTOCK MANAGEMENT FUND, WHICH IS HEREBY CREATED IN THE STATE
TREASURY. MONEY CREDITED TO THE FUND SHALL BE USED
SOLELY IN THE ADMINISTRATION OF
THIS CHAPTER.
Sec. 903.10. (A) A PERSON WHO IS
AGGRIEVED OR ADVERSELY AFFECTED BY AN ALLEGED NUISANCE RELATED
TO A CONCENTRATED ANIMAL FEEDING OPERATION MAY SUBMIT A
COMPLAINT TO THE DIRECTOR OF AGRICULTURE
ALLEGING THAT THE NUISANCE EXISTS. THE COMPLAINT SHALL BE IN WRITING, SIGNED
BY THE PERSON MAKING IT, AND DATED.
(B) AFTER RECEIVING A WRITTEN, SIGNED, AND DATED COMPLAINT, THE
DIRECTOR
SHALL CAUSE AN INVESTIGATION TO BE CONDUCTED TO DETERMINE
IF THE OWNER OR OPERATOR OF THE CONCENTRATED ANIMAL FEEDING
OPERATION IS COMPLYING WITH BEST MANAGEMENT PRACTICES
ESTABLISHED IN RULES. IF INFORMATION OBTAINED
DURING THE INVESTIGATION REASONABLY LEADS THE DIRECTOR OR THE
DIRECTOR'S DESIGNEE TO BELIEVE THAT THE SITUATION COMPLAINED OF
MAY INVOLVE A VIOLATION OF THE
FEDERAL
WATER
POLLUTION
CONTROL
ACT, THE DIRECTOR
SHALL SO NOTIFY THE DIRECTOR OF ENVIRONMENTAL PROTECTION.
(C)(1) IF, UPON COMPLETION OF THE
INVESTIGATION, THE DIRECTOR OF AGRICULTURE DETERMINES THAT THE OWNER OR
OPERATOR IS IN COMPLIANCE WITH BEST MANAGEMENT PRACTICES, THE
DIRECTOR SHALL DISMISS THE COMPLAINT AND NOTIFY THE COMPLAINANT
AND THE OWNER OR OPERATOR OF THE DISMISSAL.
(2) IF THE DIRECTOR DETERMINES THAT THE OWNER OR
OPERATOR IS NOT IN COMPLIANCE, BOTH OF THE FOLLOWING
APPLY:
(a) THE DIRECTOR SHALL ISSUE AN ORDER THAT DESCRIBES
THE DEFICIENCIES RESULTING IN NONCOMPLIANCE, THE ACTIONS THAT
THE OWNER OR OPERATOR MUST TAKE TO CORRECT THE DEFICIENCIES, AND
THE TIME PERIOD WITHIN WHICH THE OWNER OR OPERATOR MUST CORRECT
THE DEFICIENCIES AND ATTAIN COMPLIANCE WITH BEST MANAGEMENT
PRACTICES.
(b) THE DIRECTOR MAY CONDUCT AN ADJUDICATION IN ACCORDANCE
WITH CHAPTER 119. OF THE
REVISED
CODE REGARDING THE ISSUE OF
COMPLIANCE WITH BEST MANAGEMENT PRACTICES. IF THE ADJUDICATION
CONFIRMS THE DIRECTOR'S DETERMINATION THAT THE OWNER OR OPERATOR
IS NOT IN COMPLIANCE, THE DIRECTOR MAY ASSESS A CIVIL PENALTY
AGAINST THE OWNER OR OPERATOR IN AN AMOUNT ESTABLISHED IN RULES.
(D) IF THE OWNER OR OPERATOR FAILS TO ATTAIN
COMPLIANCE WITHIN THE TIME PERIOD SPECIFIED IN THE ORDER, THE
DIRECTOR SHALL CONDUCT AN ADJUDICATION IN ACCORDANCE WITH
CHAPTER 119. OF THE
REVISED
CODE REGARDING THE ISSUE OF
COMPLIANCE WITH BEST MANAGEMENT PRACTICES. IF THE ADJUDICATION
CONFIRMS THE DIRECTOR'S DETERMINATION THAT THE OWNER OR OPERATOR
IS NOT IN COMPLIANCE, THE DIRECTOR SHALL ASSESS A CIVIL PENALTY
AGAINST THE OWNER OR OPERATOR IN AN AMOUNT ESTABLISHED IN RULES.
Sec. 903.11. IN A PRIVATE CIVIL ACTION FOR AN ALLEGED
NUISANCE RELATED TO AGRICULTURAL ACTIVITIES CONDUCTED AT A
CONCENTRATED ANIMAL FEEDING OPERATION, IT IS AN AFFIRMATIVE
DEFENSE IF THE PERSON OWNING, OPERATING, OR OTHERWISE
RESPONSIBLE FOR THE CONCENTRATED ANIMAL FEEDING OPERATION IS IN
COMPLIANCE WITH BEST MANAGEMENT PRACTICES ESTABLISHED IN RULES AND THE
AGRICULTURAL ACTIVITIES DO NOT VIOLATE FEDERAL, STATE, AND LOCAL
LAWS GOVERNING NUISANCES.
Sec. 903.12. PRIOR TO FILING A PRIVATE CIVIL ACTION
FOR AN ALLEGED NUISANCE RELATED TO AGRICULTURAL ACTIVITIES CONDUCTED AT A
CONCENTRATED ANIMAL FEEDING OPERATION, THE
PARTIES TO THE DISPUTE SHALL SUBMIT THE DISPUTE TO A MEDIATOR
FOR MEDIATION. THE PARTIES SHALL PAY THE MEDIATOR A REASONABLE
COMPENSATION BASED ON THE EXTENT AND DURATION OF ACTUAL SERVICE
RENDERED. THE COST OF THE MEDIATOR'S SERVICES SHALL BE DIVIDED
PROPORTIONATELY AMONG THE PARTIES.
IF THE DECISION REACHED BY THE MEDIATOR IS NOT ACCEPTED
BY ALL PARTIES TO THE DISPUTE, THE COMPLAINING PARTIES MAY FILE
A CIVIL ACTION AND THE CLAIM SHALL PROCEED AS IF IT HAD NOT BEEN
SUBMITTED TO NONBINDING MEDIATION. THE DECISION OF THE MEDIATOR
IS NOT ADMISSIBLE INTO EVIDENCE AT TRIAL.
Sec. 903.13. WHENEVER THE DIRECTOR OF AGRICULTURE, OR THE
DIRECTOR'S DESIGNEE, HAS CAUSE TO BELIEVE THAT ANY PERSON HAS
VIOLATED, OR IS VIOLATING, DIVISION
(A) OF SECTION 903.06 OR
DIVISION (C) OF SECTION 903.08
OF THE REVISED
CODE, THE DIRECTOR OR THE
DIRECTOR'S DESIGNEE MAY CONDUCT AN ADJUDICATION IN ACCORDANCE
WITH CHAPTER 119. OF THE
REVISED
CODE TO DETERMINE IF A
VIOLATION HAS OCCURRED. IF THE DIRECTOR OR THE DIRECTOR'S
DESIGNEE DETERMINES THAT THE PERSON HAS VIOLATED OR IS VIOLATING
DIVISION (A) OF SECTION 903.06
OR DIVISION (C) OF SECTION
903.08 OF THE REVISED
CODE, THE DIRECTOR MAY ASSESS A
CIVIL PENALTY AGAINST THE PERSON.
A PERSON WHO HAS VIOLATED DIVISION
(A) OF SECTION 903.06 OF THE
REVISED
CODE SHALL PAY A CIVIL
PENALTY OF NOT MORE THAN FIVE THOUSAND DOLLARS FOR EACH
VIOLATION. A PERSON WHO HAS VIOLATED DIVISION
(C) OF SECTION 903.08 OF THE
REVISED
CODE SHALL PAY, FOR EACH
VIOLATION, A CIVIL PENALTY IN AN AMOUNT ESTABLISHED IN RULES. IN THE CASE OF
A VIOLATION OF DIVISION
(A) OF SECTION 903.06 OF THE
REVISED
CODE, EACH THIRTY-DAY PERIOD
DURING WHICH THE VIOLATION CONTINUES CONSTITUTES A SEPARATE
VIOLATION. IN THE CASE OF A VIOLATION OF DIVISION
(C) OF SECTION 903.08 OF THE
REVISED
CODE, EACH SEVEN-DAY PERIOD
DURING WHICH THE VIOLATION CONTINUES CONSTITUTES A SEPARATE
VIOLATION.
Sec. 903.14. (A)(1) AS USED IN DIVISION (A) OF THIS
SECTION, "PERMIT"
MEANS A PERMIT FOR THE INSTALLATION OF A DISPOSAL SYSTEM AT A
CONCENTRATED ANIMAL FEEDING OPERATION ISSUED UNDER DIVISION
(J)(1) OF SECTION 6111.03 OF THE REVISED CODE PRIOR
TO THE EFFECTIVE DATE OF THIS SECTION OR A PERMIT ISSUED UNDER
SECTION 903.02 OF THE REVISED CODE.
(2) THE DIRECTOR OF AGRICULTURE, IN ACCORDANCE WITH AN
ADJUDICATION CONDUCTED IN ACCORDANCE WITH CHAPTER 119. OF THE
REVISED CODE, MAY ISSUE, MODIFY,
OR REVOKE ORDERS AND ASSESS CIVIL PENALTIES TO ENSURE THAT THE OWNER OR
OPERATOR OF A CONCENTRATED ANIMAL FEEDING OPERATION FOR
WHICH A PERMIT HAS BEEN ISSUED COMPLIES WITH THE TERMS OF THE PERMIT,
INCLUDING, BUT NOT LIMITED TO, THE MANURE MANAGEMENT PLAN. THE AMOUNT
OF THE CIVIL PENALTIES SHALL BE ESTABLISHED IN RULES.
DIVISION (A)(2) OF THIS SECTION DOES NOT APPLY TO ENFORCEMENT OF
REQUIREMENTS GOVERNING LIVESTOCK MANAGER CERTIFICATION AND INSECT
AND RODENT CONTROL PLANS. THOSE REQUIREMENTS SHALL BE ENFORCED IN
ACCORDANCE WITH SECTIONS 903.06 AND 903.08, RESPECTIVELY, AND
SECTION 903.13 OF THE REVISED CODE.
(B) ON THE EFFECTIVE DATE OF THIS SECTION, THE AUTHORITY TO
ENFORCE TERMS AND CONDITIONS OF PERMITS ISSUED PRIOR TO THE EFFECTIVE DATE OF
THIS SECTION UNDER
DIVISION (J)(1) OF SECTION 6111.03 OF THE REVISED
CODE FOR THE
INSTALLATION OF DISPOSAL SYSTEMS AT CONCENTRATED ANIMAL FEEDING
OPERATIONS SHALL BE TRANSFERRED FROM THE DIRECTOR OF ENVIRONMENTAL
PROTECTION TO THE DIRECTOR OF AGRICULTURE. ON AND AFTER THE
EFFECTIVE DATE OF THIS SECTION, THE DIRECTOR OF ENVIRONMENTAL
PROTECTION SHALL HAVE NO AUTHORITY TO ENFORCE THE TERMS
AND CONDITIONS OF THOSE PERMITS, EXCEPT FOR ENFORCEMENT NECESSARY
TO ENSURE COMPLIANCE WITH THE
FEDERAL
WATER
POLLUTION
CONTROL
ACT.
Sec. 903.15. (A) THERE
IS HEREBY CREATED THE CONCENTRATED ANIMAL FEEDING OPERATION ADVISORY
COMMITTEE CONSISTING OF THE DIRECTORS OF AGRICULTURE,
ENVIRONMENTAL PROTECTION, AND NATURAL RESOURCES, AND THE DEAN OF THE COLLEGE
OF FOOD, AGRICULTURAL, AND ENVIRONMENTAL SCIENCES OF THE
OHIO STATE UNIVERSITY, OR THEIR DESIGNEES, AS MEMBERS EX OFFICIO, AND
SEVEN
MEMBERS TO BE APPOINTED BY THE DIRECTOR OF AGRICULTURE. OF THE
APPOINTED MEMBERS, ONE SHALL REPRESENT THE INTERESTS OF POULTRY
PRODUCERS, ONE SHALL REPRESENT THE INTERESTS OF SWINE PRODUCERS,
ONE SHALL REPRESENT THE INTERESTS OF DAIRY
FARMERS, ONE SHALL REPRESENT THE INTERESTS OF BEEF CATTLE PRODUCERS, ONE SHALL
REPRESENT THE INTERESTS OF SHEEP PRODUCERS, AND TWO SHALL REPRESENT THE
INTERESTS OF THE
PUBLIC. PRIOR TO MAKING AN APPOINTMENT OF A MEMBER REPRESENTING THE INTERESTS
OF POULTRY, SWINE, BEEF CATTLE, OR SHEEP PRODUCERS OR DAIRY FARMERS, THE
DIRECTOR SHALL SOLICIT FROM THE APPROPRIATE STATEWIDE TRADE ASSOCIATIONS A
LIST OF SUGGESTED CANDIDATES TO REPRESENT THE INTERESTS OF THE SPECIES
CATEGORY ON THE COMMITTEE.
NOT LATER THAN THIRTY DAYS AFTER THE EFFECTIVE
DATE OF THIS SECTION, THE DIRECTOR SHALL MAKE
APPOINTMENTS TO THE COMMITTEE. OF THE INITIAL APPOINTMENTS, THREE
SHALL BE FOR TERMS ENDING ONE YEAR AFTER THE EFFECTIVE DATE OF
THIS SECTION, TWO SHALL BE FOR TERMS ENDING TWO YEARS AFTER THE
EFFECTIVE DATE OF THIS SECTION, AND TWO SHALL BE FOR TERMS
ENDING THREE YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION.
THEREAFTER, TERMS OF OFFICE SHALL BE FOR THREE YEARS, WITH EACH
TERM ENDING ON THE SAME DAY OF THE SAME MONTH AS DID THE TERM
THAT IT SUCCEEDS. EACH MEMBER SHALL HOLD OFFICE FROM THE DATE
OF APPOINTMENT UNTIL THE END OF THE TERM FOR WHICH THE MEMBER WAS APPOINTED.
MEMBERS MAY BE REAPPOINTED. VACANCIES SHALL BE FILLED IN THE
MANNER PROVIDED FOR ORIGINAL APPOINTMENTS. ANY MEMBER APPOINTED
TO FILL A VACANCY OCCURRING PRIOR TO THE EXPIRATION DATE OF THE
TERM FOR WHICH THE MEMBER'S PREDECESSOR WAS APPOINTED SHALL HOLD
OFFICE FOR THE REMAINDER OF THAT TERM. A MEMBER SHALL CONTINUE
IN OFFICE SUBSEQUENT TO THE EXPIRATION DATE OF THE MEMBER'S TERM
UNTIL THE MEMBER'S SUCCESSOR TAKES OFFICE OR UNTIL A PERIOD OF
SIXTY DAYS HAS ELAPSED, WHICHEVER OCCURS FIRST.
THE COMMITTEE SHALL MEET AT TIMES THAT THE CHAIRPERSON OR
A MAJORITY OF THE COMMITTEE MEMBERS CONSIDERS APPROPRIATE,
PROVIDED THAT NO MEETING SHALL BE HELD ON THE CALL OF THE
CHAIRPERSON UNLESS AT LEAST SEVEN DAYS' WRITTEN NOTICE FIRST IS
PROVIDED TO ALL MEMBERS OF THE COMMITTEE. AT THE FIRST MEETING
OF THE COMMITTEE IN EACH CALENDAR YEAR, THE DIRECTOR OF
AGRICULTURE SHALL DESIGNATE ONE MEMBER OF THE COMMITTEE TO SERVE
AS ITS CHAIRPERSON AND ONE MEMBER TO SERVE AS ITS
VICE-CHAIRPERSON. A MAJORITY VOTE OF THE MEMBERS OF THE
COMMITTEE IS NECESSARY TO TAKE ACTION ON ANY MATTER. A VACANCY
ON THE COMMITTEE DOES NOT IMPAIR THE RIGHT OF THE OTHER MEMBERS
TO EXERCISE ALL OF THE COMMITTEE'S POWERS.
SERVING AS AN APPOINTED MEMBER OF THE COMMITTEE DOES NOT
CONSTITUTE HOLDING A PUBLIC OFFICE OR POSITION OF EMPLOYMENT
UNDER THE LAWS OF THIS STATE AND DOES NOT CONSTITUTE GROUNDS FOR
REMOVAL OF PUBLIC OFFICERS OR EMPLOYEES FROM THEIR OFFICES OR
POSITIONS OF EMPLOYMENT. THE DIRECTOR OF AGRICULTURE, AFTER
NOTICE AND A PUBLIC HEARING, MAY REMOVE ANY APPOINTED MEMBER OF
THE COMMITTEE FOR MISFEASANCE, NONFEASANCE, OR MALFEASANCE IN
OFFICE.
APPOINTED MEMBERS OF THE COMMITTEE SHALL SERVE WITHOUT
COMPENSATION FOR ATTENDING COMMITTEE MEETINGS. MEMBERS OF THE
COMMITTEE SHALL BE REIMBURSED FOR THEIR ACTUAL AND NECESSARY
EXPENSES INCURRED IN THE PERFORMANCE OF OFFICIAL DUTIES AS
MEMBERS OF THE COMMITTEE.
(B) THE COMMITTEE MAY DO
EITHER OR BOTH OF THE FOLLOWING:
(1) ADOPT, AMEND, AND RESCIND RULES OR PROCEDURES
GOVERNING THE CONDUCT OF ITS INTERNAL AFFAIRS;
(2) REQUEST FROM THE DIRECTOR OF AGRICULTURE, AND THE
DIRECTOR SHALL PROVIDE, MEETING SPACE, STAFF SUPPORT, SERVICES, AND
DATA TO ENABLE IT TO CARRY OUT ITS FUNCTIONS.
(C) THE COMMITTEE SHALL
DO ALL OF THE FOLLOWING:
(1) ADVISE THE DIRECTOR OF AGRICULTURE IN THE
ADMINISTRATION OF THIS CHAPTER;
(2) KEEP ABREAST OF ADVANCES IN MANURE
MANAGEMENT PRACTICES AND
ANNUALLY ADVISE THE DIRECTORS OF AGRICULTURE,
ENVIRONMENTAL PROTECTION, AND NATURAL RESOURCES OF
THE RECENT ADVANCES IN THOSE AREAS AND REGARDING THE NEED FOR AMENDING WHAT
CONSTITUTES BEST MANAGEMENT PRACTICES;
(3) IN CONSULTATION WITH THE DIRECTOR OF AGRICULTURE, PREPARE
AND, UPON REQUEST, DISTRIBUTE WRITTEN
MATERIALS DESIGNED TO ASSIST PERSONS WHO PROPOSE TO ESTABLISH A
NEW OR MODIFY AN EXISTING CONCENTRATED ANIMAL FEEDING OPERATION IN APPLYING
FOR A
PERMIT UNDER SECTION 903.02 OF THE
REVISED CODE. THE
MATERIALS ALSO SHALL INCLUDE INFORMATION STATING THAT, IN ADDITION TO
OBTAINING THAT PERMIT, IT MAY BE NECESSARY
TO OBTAIN A PERMIT TO DISCHARGE UNDER DIVISION (J) OF
SECTION 6111.03 OF THE REVISED
CODE FOR THE DISCHARGE OF
SANITARY SEWAGE, LIVESTOCK PRODUCT PROCESSING WASTES, OR STORM
WATER INTO THE WATERS OF THE STATE AS WELL AS A
GENERAL PERMIT ISSUED UNDER SECTION 6111.035 OF THE
REVISED
CODE GOVERNING STORM WATER. IN
ADDITION, THE WRITTEN MATERIALS SHALL INCLUDE INFORMATION ON
THE MEANING OF A "COMPLETE APPLICATION" FOR ALL OF THE PERMITS, INFORMATION ON
THE
PUBLIC HEARING PROCESS IN CONNECTION WITH THE RELEVANT
PERMITS ISSUED UNDER CHAPTER 6111. OF THE REVISED
CODE, AND A SUMMARY OF THE ANTIDEGRADATION POLICY ESTABLISHED
UNDER SECTION 6111.12 OF THE
REVISED CODE TOGETHER WITH AN INDICATION OF THE POSSIBILITY
THAT
THE OWNER'S OR OPERATOR'S PROPOSED NEW OR MODIFIED
DISPOSAL SYSTEM FOR MANURE OR DISCHARGES MAY BE SUBJECT TO THAT POLICY.
(4) NOT LATER THAN TWELVE MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION,
CONDUCT AN EXAMINATION OF THE SCIENTIFIC APPROPRIATENESS OF THE DEFINITION OF
"ANIMAL
UNIT" IN SECTION 903.01 of the Revised Code AND PREPARE AND SUBMIT TO THE GENERAL ASSEMBLY,
THE GOVERNOR, AND THE DIRECTORS OF AGRICULTURE, ENVIRONMENTAL PROTECTION, AND
NATURAL RESOURCES THE COMMITTEE'S FINDINGS AND ANY RECOMMENDATIONS FOR
LEGISLATIVE CHANGES IN THAT DEFINITION THAT ARE NECESSARY OR APPROPRIATE TO
REFLECT ON
A MORE SCIENTIFIC BASIS MANURE GENERATION RATES AMONG LIVESTOCK SPECIES AND
TYPES OF CONCENTRATED ANIMAL FEEDING OPERATIONS.
(D) SECTION 101.84 of the Revised Code DOES NOT APPLY TO THE COMMITTEE.
Sec. 903.99. WHOEVER VIOLATES
DIVISION (B) OF SECTION 903.02
OF THE REVISED
CODE IS GUILTY OF A MISDEMEANOR
OF THE THIRD DEGREE ON A FIRST OFFENSE, A MISDEMEANOR OF THE
SECOND DEGREE ON A SECOND OFFENSE, AND A MISDEMEANOR OF THE
FIRST DEGREE ON A THIRD OR SUBSEQUENT OFFENSE. EACH TEN-DAY
PERIOD THAT THE OFFENSE CONTINUES CONSTITUTES A SEPARATE
OFFENSE.
Sec. 1521.01. As used in sections 1521.01 to 1521.05 and
1521.13 to 1521.18 1521.19 of the Revised Code:
(A) "Consumptive use," "diversion," "Lake Erie drainage
basin," "other great lakes states and provinces," "water
resources," and "waters of the state" have the same meanings as
in section 1501.30 of the Revised Code.
(B) "Well" means any excavation, regardless of design or
method of construction, created for any of the following
purposes:
(1) Removing ground water from or recharging water into an
aquifer, excluding subsurface drainage systems installed to
enhance agricultural crop production or urban or suburban
landscape management or to control seepage in dams, dikes, and
levees;
(2) Determining the quantity, quality, level, or movement
of ground water in or the stratigraphy of an aquifer, excluding
borings for instrumentation in dams, dikes, levees, or highway
embankments;
(3) Removing or exchanging heat from ground water,
excluding horizontal trenches that are installed for water source
heat pump systems.
(C) "Aquifer" means a consolidated or unconsolidated
geologic formation or series of formations that are hydraulically
interconnected and that have the ability to receive, store, or
transmit water.
(D) "Ground water" means all water occurring in an
aquifer.
(E) "Ground water stress area" means a definable
geographic area in which ground water quantity is being affected
by human activity or natural forces to the extent that continuous
availability of supply is jeopardized by withdrawals.
(F) "Person" has the same meaning as in section 1.59 of
the Revised Code and also includes the United States, the state,
any political subdivision of the state, and any department,
division, board, commission, agency, or instrumentality of the
United States, the state, or a political subdivision of the
state.
(G) "State agency" or "agency of the state" has the same
meaning as "agency" in section 111.15 of the Revised Code.
(H) "Development" means any artificial change to
improved or
unimproved real estate, including the construction of buildings
and other structures, any substantial improvement of a structure,
and mining, dredging, filling, grading, paving, excavating, and
drilling operations.
(I) "Floodplain" means the area adjoining any river,
stream, watercourse, or lake that has been or may be covered by
flood water.
(J) "Floodplain management" means the implementation of an
overall program of corrective and preventive measures for
reducing flood damage, including the collection and dissemination
of flood information, construction of flood control works,
nonstructural flood damage reduction techniques, and adoption of
rules, ordinances, or resolutions governing development in
floodplains.
(K) "One-hundred-year flood" means a flood having a one
per cent chance of being equaled or exceeded in any given year.
(L) "One-hundred-year floodplain" means that portion of a
floodplain inundated by a one-hundred-year flood.
(M) "Structure" means a walled and roofed building,
including, without limitation, gas or liquid storage tanks, mobile homes, and
manufactured homes.
(N) "Substantial improvement" means any reconstruction,
rehabilitation, addition, or other improvement of a structure,
the cost of which equals or exceeds fifty per cent of the market
value of the structure before the start of construction of the
improvement. "Substantial improvement" includes repairs to
structures that have incurred substantial damage regardless of
the actual repair work performed. "Substantial improvement" does
not include either of the following:
(1) Any project for the improvement of a structure to
correct existing violations of state or local health, sanitary,
or safety code specifications that have been identified by the
state or local code enforcement official having jurisdiction and
that are the minimum necessary to ensure safe living conditions;
(2) Any alteration of an historic structure designated or
listed pursuant to federal or state law, provided that the
alteration will not preclude the structure's continued listing or
designation as an historic structure.
Sec. 1521.19. (A) AS USED IN THIS SECTION:
(1) "CONCENTRATED ANIMAL FEEDING OPERATION" HAS THE SAME
MEANING AS IN SECTION 903.01 OF THE
REVISED
CODE.
(2) "POTENTIOMETRIC SURFACE" MEANS AN IMAGINARY SURFACE
REPRESENTING THE TOTAL HEAD OF GROUND WATER WITHIN AN AQUIFER AND
DEFINED BY THE LEVEL TO WHICH WATER WILL RISE IN CASED
WELLS.
(3) "STATIC GROUND WATER LEVEL" MEANS THE DISTANCE FROM
THE GROUND SURFACE TO THE GROUND WATER LEVEL WITHIN A WELL THAT
IS NOT BEING AFFECTED BY PUMPING.
(4) "RADIUS OF INFLUENCE" MEANS THE AREA SURROUNDING THE
PROPOSED GROUND WATER WITHDRAWAL WELLS OF A PROPOSED NEW
CONCENTRATED ANIMAL FEEDING OPERATION WITHIN WHICH STATIC
GROUND WATER LEVELS OF EXISTING WELLS MAY BE AFFECTED BY THE
PROPOSED WELLS' WITHDRAWAL OF GROUND WATER.
(B) ON AND AFTER THE DATE THAT IS EIGHTEEN MONTHS
AFTER THE EFFECTIVE DATE OF THIS SECTION, THE OWNER OR OPERATOR
OF A PROPOSED NEW CONCENTRATED ANIMAL FEEDING OPERATION THAT
WOULD HAVE A GROUND WATER WITHDRAWAL CAPACITY GREATER THAN ONE
HUNDRED THOUSAND GALLONS PER DAY WHO HAS APPLIED FOR A PERMIT
FOR THE PROPOSED NEW
CONCENTRATED ANIMAL FEEDING OPERATION UNDER SECTION
903.02 OF THE
REVISED
CODE SHALL SUBMIT TO THE CHIEF
OF THE DIVISION OF WATER FOR APPROVAL A WORK PLAN FOR COMPLETING
A HYDROGEOLOGIC REPORT. THE WORK PLAN SHALL
INCLUDE ALL OF THE FOLLOWING INFORMATION:
(1) THE RADIUS OF INFLUENCE WITHIN WHICH STATIC
GROUND WATER LEVELS OF EXISTING WELLS WILL BE MEASURED. IN
DETERMINING THE RADIUS OF INFLUENCE, THE WORK PLAN SHALL TAKE
INTO ACCOUNT THE GEOLOGY OF THE SITE, THE LOCATION AND PROXIMITY
OF SURROUNDING WELLS, KNOWN PHYSICAL PROPERTIES OF THE AQUIFERS
INVOLVED, THE PUMPING RATE OF THE PROPOSED GROUND WATER
WITHDRAWAL WELLS, AND ANY OTHER FACTORS THAT THE CHIEF CONSIDERS
IMPORTANT.
(2) A LIST OF THE ENTITIES THAT HAVE A CAPACITY TO
WITHDRAW MORE THAN ONE HUNDRED THOUSAND GALLONS PER DAY OF
GROUND WATER WITHIN THE RADIUS OF INFLUENCE;
(3) THE TYPE AND SCALE OF THE TOPOGRAPHIC MAPS TO BE
SUBMITTED IN THE HYDROGEOLOGIC REPORT;
(4) A DESCRIPTION OF THE GENERAL GEOGRAPHIC DISTRIBUTION
OF WELLS WITHIN THE RADIUS OF INFLUENCE THAT SHOULD HAVE THE
STATIC GROUND WATER LEVELS MEASURED AND THE METHODOLOGY USED TO
DETERMINE THE DISTRIBUTION;
(5) ANY OTHER INFORMATION THAT THE CHIEF CONSIDERS
NECESSARY.
THE CHIEF SHALL REVIEW AND EITHER APPROVE THE WORK PLAN OR RETURN IT
WITH A DESCRIPTION OF ITS DEFICIENCIES TO THE OWNER OR
OPERATOR OF THE PROPOSED NEW CONCENTRATED ANIMAL FEEDING
OPERATION NOT LATER THAN FOURTEEN DAYS AFTER ITS RECEIPT. IF
THE CHIEF RETURNS THE WORK PLAN, THE OWNER OR OPERATOR OF THE
PROPOSED NEW CONCENTRATED ANIMAL FEEDING OPERATION SHALL
REVISE AND RESUBMIT THE WORK PLAN AND OBTAIN THE
CHIEF'S APPROVAL BEFORE PROCEEDING WITH THE HYDROGEOLOGIC
REPORT REQUIRED UNDER DIVISION (C) OF THIS SECTION. IN THE SOLE
DISCRETION OF THE CHIEF OR THE CHIEF'S
REPRESENTATIVE, THE CHIEF OR THE CHIEF'S REPRESENTATIVE MAY
ASSIST, AT THE REQUEST OF THE OWNER OR OPERATOR, THE OWNER OR
OPERATOR WITH THE DESIGN AND IMPLEMENTATION OF THE WORK
PLAN.
PRIOR TO SUBMITTING THE HYDROGEOLOGIC REPORT, THE OWNER OR
OPERATOR OF THE PROPOSED NEW CONCENTRATED ANIMAL FEEDING
OPERATION SHALL MAKE A GOOD FAITH EFFORT TO MEASURE THE STATIC GROUND WATER
LEVELS OF WELLS
WITHIN THE RADIUS OF INFLUENCE IN ACCORDANCE WITH THE APPROVED
WORK PLAN. THE CHIEF SHALL DETERMINE WHAT CONSTITUTES A GOOD FAITH
EFFORT.
(C) BASED ON THE INFORMATION IN THE APPROVED WORK
PLAN, THE OWNER OR OPERATOR OF THE PROPOSED NEW CONCENTRATED
ANIMAL FEEDING OPERATION SHALL PREPARE AND SUBMIT
TO THE CHIEF FOR REVIEW A HYDROGEOLOGIC REPORT. THE REPORT
SHALL INCLUDE ALL OF THE FOLLOWING:
(1) TOPOGRAPHIC MAPS SHOWING THE LOCATION AND
IDENTIFICATION NUMBER OF THE WELLS WITHIN THE RADIUS OF
INFLUENCE THAT ARE PHYSICALLY ACCESSIBLE OR IN WHICH STATIC
GROUND WATER LEVELS HAVE BEEN MEASURED;
(2) IN THE CASE OF WELLS WITHIN THE RADIUS OF INFLUENCE
IN WHICH STATIC GROUND WATER LEVELS HAVE BEEN MEASURED,
STATIC GROUND WATER LEVEL DATA IN A TABULAR FORM, INCLUDING,
WITHOUT LIMITATION, THE DATE AND TIME OF THE STATIC GROUND WATER
LEVEL MEASUREMENT, THE ADDRESS AT WHICH THE WELL IS LOCATED, THE
WELL IDENTIFICATION NUMBER, AND THE STATIC GROUND WATER LEVEL
MEASUREMENT IN THE WELL;
(3) A POTENTIOMETRIC SURFACE MAP OF THE AREA WITHIN THE
RADIUS OF INFLUENCE THAT HAS BEEN CONSTRUCTED USING THE STATIC
GROUND WATER LEVEL MEASUREMENTS;
(4) A BRIEF DESCRIPTION OF THE CHARACTERISTICS OF
AQUIFERS THAT ARE LIKELY TO BE IMPACTED BY THE PROPOSED NEW
CONCENTRATED ANIMAL FEEDING OPERATION'S WITHDRAWAL OF
GROUND WATER;
(5) ANY OTHER INFORMATION THAT THE CHIEF CONSIDERS
NECESSARY.
THE CHIEF SHALL REVIEW AND EITHER APPROVE THE HYDROGEOLOGIC
REPORT OR RETURN IT WITH A DESCRIPTION OF ITS DEFICIENCIES
NOT LATER THAN FOURTEEN DAYS AFTER ITS
RECEIPT. IF THE CHIEF RETURNS THE REPORT, THE OWNER OR OPERATOR
OF THE PROPOSED NEW CONCENTRATED ANIMAL FEEDING
OPERATION SHALL REVISE AND RESUBMIT THE REPORT. UPON APPROVING
A HYDROGEOLOGIC REPORT FOR A PROPOSED NEW CONCENTRATED ANIMAL
FEEDING OPERATION FOR WHICH A PERMIT IS REQUIRED UNDER
SECTION 903.02 OF THE
REVISED
CODE, THE CHIEF SHALL NOTIFY
THE DIRECTOR OF AGRICULTURE OF THE APPROVAL IN
WRITING. THE REPORT SHALL BE CONSIDERED THE FINAL HYDROGEOLOGIC
REPORT UPON ITS APPROVAL BY THE CHIEF.
(D) THE CHIEF MAY ADOPT, AMEND, AND RESCIND RULES
IN ACCORDANCE WITH CHAPTER 119.
OF THE REVISED
CODE THAT ARE NECESSARY FOR
IMPLEMENTATION OF THIS SECTION.
Sec. 5516.061. No advertising device shall be erected
outside of urban areas between six hundred sixty feet and three
thousand feet of the right-of-way of the main traveled way of a
highway on the interstate or primary system if such THE device
would be visible from such THE main
traveled way, except the following:
(A) Directional and official signs and notices
that conform to rules
adopted by the
director of transportation;
(B) Signs advertising the sale or lease of the property
upon which they are located;
(C) Advertising devices indicating the name of the
business, activities, or profession conducted on such THE
property or that identify the goods produced, GOODS sold, or services
rendered on such THE property and that conform to rules adopted
by the director;
(D) Signs lawfully in existence on October 22, 1965, that
the director, subject to the approval of the secretary of the
United States department of transportation, has determined to be
landmark signs, including signs on farm structures or natural
surfaces, which THAT are of historic or artistic
significance;
(E) SIGNS THAT ADVISE THE PUBLIC THAT AGRICULTURAL ACTIVITIES
OCCUR ON THE PROPERTY WHERE THE SIGN IS LOCATED.
Any advertising device lawfully in existence prior to November
28, 1975, or lawfully on any highway made a
part of the interstate or primary system on or after that
date, the erection of which would be illegal under this section, is
nonconforming, and may be maintained subject to the permit
provisions of section 5516.10 of the Revised Code.
As used in this section, "urban area" means an urbanized
area or an urban place as designated by the bureau of the census
having a population of five thousand or more, and within
boundaries approved by the United States
secretary of transportation.
Sec. 6111.03. The director of environmental protection
may do any of the following:
(A) Develop plans and programs for the prevention,
control, and abatement of new or existing pollution of the waters
of the state;
(B) Advise, consult, and cooperate with other agencies of
the state, the federal government, other states, and interstate
agencies and with affected groups, political subdivisions, and
industries in furtherance of the purposes of this chapter. Before adopting,
amending, or rescinding a standard or rule
pursuant to division (G) of this section or section 6111.041
or 6111.042 of the Revised Code, the director shall do all of the following:
(1) Mail notice to each statewide organization that he THE
DIRECTOR determines represents persons who would be affected by the
proposed standard or rule, amendment thereto, or rescission thereof
at least thirty-five days before any public hearing thereon;
(2) Mail a copy of each proposed standard or rule,
amendment thereto, or rescission thereof to any person who requests a
copy, within five days after receipt of the request therefor;
(3) Consult with appropriate state and local government
agencies or their representatives, including statewide
organizations of local government officials, industrial
representatives, and other interested persons.
Although the director is expected to diligently discharge
these duties DILIGENTLY, failure to mail any such notice or copy or to
so
consult with any person shall not invalidate any proceeding or
action of the director.
(C) Administer grants from the federal government and from
other sources, public or private, for carrying out any of its
functions, all such moneys to be deposited in the state treasury
and kept by the treasurer of state in a separate fund subject to
the lawful orders of the director;
(D) Administer state grants for the construction of sewage
and waste collection and treatment works;
(E) Encourage, participate in, or conduct studies,
investigations, research, and demonstrations relating to water
pollution, and the causes, prevention, control, and abatement
thereof, as is ARE advisable and necessary for the discharge of
his THE DIRECTOR'S
duties under this chapter;
(F) Collect and disseminate information relating to water
pollution and prevention, control, and abatement thereof;
(G) Adopt, amend, and rescind rules in accordance with
Chapter 119. of the Revised Code governing the procedure for
hearings, the filing of reports, the issuance of permits, the
issuance of industrial water pollution control certificates, and
all other matters relating to procedure;
(H) Issue, modify, or revoke orders to prevent, control,
or abate water pollution as follows:
(1) Prohibiting or abating discharges of sewage,
industrial waste, or other wastes into the waters of the state;
(2) Requiring the construction of new disposal systems or
any parts thereof, or the modification, extension, or alteration
of existing disposal systems or any parts thereof;
(3) Prohibiting additional connections to or extensions of
a sewerage system when the connections or extensions would
result in an increase in the polluting properties of the effluent
from the system when discharged into any waters of the state;
(4) Requiring compliance with any standard or rule adopted
under section 6111.041 or 6111.042 of the Revised Code, or term
or condition of a permit.
In the making of those orders, wherever compliance with a
rule adopted under section 6111.042 of the Revised Code is not
involved, consistent with the "Federal Water Pollution Control
Act," the director shall give consideration to, and base his
THE
determination on, evidence relating to the technical feasibility
and economic reasonableness of complying with those orders and to
evidence relating to conditions calculated to result from
compliance with those orders, and their relation to benefits to
the people of the state to be derived from such compliance in
accomplishing the purposes of this chapter.
(I) Review plans, specifications, or other data relative
to disposal systems or any part thereof in connection with the
issuance of orders, permits, and industrial water pollution
control certificates under this chapter;
(J)(1) Issue, revoke, modify, or deny permits for the
discharge of sewage, industrial waste, or other wastes into the
waters of the state, and for the installation or modification of
disposal systems or any parts thereof in compliance with all
requirements of the "Federal Water Pollution Control Act" and
mandatory regulations adopted thereunder, and set terms and
conditions of permits, including schedules of compliance, where
necessary. The
OWNER OR OPERATOR OF A CONCENTRATED ANIMAL FEEDING
OPERATION THAT IS SUBJECT TO
CHAPTER 903. OF THE
REVISED
CODE IS NOT REQUIRED TO OBTAIN
AN INSTALLATION PERMIT UNDER DIVISION
(J)(1) OF THIS SECTION, BUT MAY
BE REQUIRED BY THE DIRECTOR TO OBTAIN A PERMIT FOR THE DISCHARGE
OF SEWAGE, INDUSTRIAL WASTE, OR OTHER WASTE OR TO COMPLY WITH THE
REQUIREMENTS OF A GENERAL PERMIT ISSUED UNDER SECTION 6111.035
OF THE REVISED
CODE, AS APPLICABLE.
ANY PERMIT
terms and conditions SET BY THE DIRECTOR shall be designed to achieve
and maintain full compliance with the national effluent
limitations, national standards of performance for new sources,
and national toxic and pretreatment effluent standards set under
that act, and any other mandatory requirements of that act that
are imposed by regulation of the administrator of the United
States environmental protection agency. An application for a
permit or renewal thereof shall be denied if any of the following applies:
(1)(a) The secretary of the army determines in writing that
anchorage or navigation would be substantially impaired thereby;
(2)(b) The director determines that the proposed discharge or
source would conflict with an area wide AREAWIDE waste treatment
management plan adopted in accordance with section 208 of the
"Federal Water Pollution Control Act";
(3)(c) The administrator of the United States environmental
protection agency objects in writing to the issuance or renewal
of the permit in accordance with section 402 (d) of the "Federal
Water Pollution Control Act";
(4)(d) The application is for the discharge of any
radiological, chemical, or biological warfare agent, or
high-level radioactive waste into the waters of the United
States.
(2) To achieve and maintain applicable standards of quality for
the waters of the state adopted pursuant to section 6111.041 of
the Revised Code, the director shall impose, where necessary and
appropriate, as conditions of each permit, water quality related
effluent limitations in accordance with sections 301, 302, 306,
and 307 of the "Federal Water Pollution Control Act" and, to the
extent consistent with that act, shall give consideration to, and
base his THE determination on, evidence relating to the
technical feasibility and economic reasonableness of removing the polluting
properties from those wastes and to evidence relating to
conditions calculated to result from that action and their
relation to benefits to the people of the state and to
accomplishment of the purposes of this chapter.
(3) Where a discharge having a thermal component from a source
that is constructed or modified on or after October 18, 1972,
meets national or state effluent limitations or more stringent
permit conditions designed to achieve and maintain compliance
with applicable standards of quality for the waters of the state,
which limitations or conditions will ensure protection and
propagation of a balanced, indigenous population of shellfish,
fish, and wildlife in or on the body of water into which the
discharge is made, taking into account the interaction of the
thermal component with sewage, industrial waste, or other wastes,
the director shall not impose any more stringent limitation on
the thermal component of the discharge, as a condition of a
permit or renewal thereof for the discharge, during a ten-year
period beginning on the date of completion of the construction or
modification of the source, or during the period of depreciation
or amortization of the source for the purpose of section 167 or
169 of the Internal Revenue Code of 1954, whichever period ends
first.
(4) The director shall specify in permits for the discharge of
sewage, industrial waste, and other wastes, the net volume, net
weight, duration, frequency, and, where necessary, concentration
of the sewage, industrial waste, and other wastes that may be
discharged into the waters of the state. The director shall
specify in those permits that the permit is conditioned upon
payment of applicable fees as required by section 3745.11 of the
Revised Code and upon the right of his THE DIRECTOR'S authorized
representatives to enter upon the premises of the person to whom the permit
has been issued for the purpose of determining compliance with this
chapter, rules adopted thereunder, or the terms and conditions of
a permit, order, or other determination. The director shall
issue or deny an application for a permit for a new discharge,
for the installation or modification of a disposal system, or for
renewal of a permit, within one hundred eighty days of the date
on which he receives a complete application with all plans,
specifications, construction schedules, and other pertinent
information required by the director IS RECEIVED. The
(5) THE director may condition
permits upon the installation of discharge or water quality
monitoring equipment or devices and the filing of such periodic
reports on the amounts and contents of discharges and the quality
of receiving waters as THAT the director prescribes. The
director
shall condition each permit for a government-owned disposal
system or any other publicly owned "treatment works" as defined
in the "Federal Water Pollution Control Act" upon the reporting
of new introductions of industrial waste or other wastes and
substantial changes in volume or character thereof being
introduced into those systems or works from "industrial users" as
defined in section 502 of that act, as necessary to comply with
section 402(b)(8) of that act; upon the identification of the
character and volume of pollutants subject to pretreatment
standards being introduced into the system or works; and upon the
existence of a program to ensure compliance with pretreatment
standards by "industrial users" of the system or works. In
requiring monitoring devices and reports, the director, to the
extent consistent with the "Federal Water Pollution Control
Act,"
shall give consideration to technical feasibility and economic
reasonableness and shall allow reasonable time for compliance. A
(6) A
permit may be issued for a period not to exceed five years, and
may be renewed upon application for renewal and upon a finding
by the director that the permit holder is making satisfactory
progress toward the achievement of all applicable standards and
has complied with the terms and conditions of the existing
permit. A permit may be modified, suspended, or revoked for
cause, including, but not limited to, violation of any condition
of the permit, obtaining a permit by misrepresentation or failure
to disclose fully all relevant facts, or changes in any condition
that requires either a temporary or permanent reduction or
elimination of the permitted discharge. No application shall be
denied or permit revoked or modified without a written order
stating the findings upon which the denial, revocation, or
modification is based. A copy of the order shall be sent to the
applicant or permit holder by certified mail.
(K) Institute or cause to be instituted in any court of
competent jurisdiction proceedings to compel compliance with
this chapter or with the orders of the director issued under this
chapter, or to ensure compliance with sections 204(b), 307, and
308 of the "Federal Water Pollution Control Act";
(L) Issue, deny, revoke, or modify industrial water
pollution control certificates;
(M) Certify to the government of the United States or any
agency thereof that an industrial water pollution control facility is in
conformity with the state program or requirements for control of
water pollution whenever the certification may be required for a
taxpayer under the Internal Revenue Code of the United States, as
amended;
(N) Issue, modify, and revoke orders requiring any
"industrial user" of any publicly owned "treatment works" as
defined in sections 212(2) and 502(18) of the "Federal Water
Pollution Control Act" to comply with pretreatment standards;
establish and maintain records; make reports; install, use, and
maintain monitoring equipment or methods, including, where
appropriate, biological monitoring methods; sample discharges in
accordance with such THE methods, at such THE
locations, at such THE
intervals, and in such THE manner as THAT the
director determines; and
provide such other information as THAT is necessary to
ascertain
whether or not there is compliance with toxic and pretreatment
effluent standards. In issuing, modifying, and revoking those
orders, the director, to the extent consistent with the "Federal
Water Pollution Control Act," shall give consideration to
technical feasibility and economic reasonableness and shall allow
reasonable time for compliance.
(O) Exercise all incidental powers necessary to carry out
the purposes of this chapter;
(P) Certify or deny certification to any applicant for a
federal license or permit to conduct any activity that may
result in any discharge into the waters of the state that the
discharge will comply with the "Federal Water Pollution Control
Act";
(Q) Administer and enforce the publicly owned treatment
works pretreatment program in accordance with the "Federal Water
Pollution Control Act." In the administration of that program, the
director
may do any of the following:
(1) Apply and enforce pretreatment standards;
(2) Approve and deny requests for approval of publicly
owned treatment works pretreatment programs, oversee those
programs, and implement, in whole or in part, those programs
under any of the following conditions:
(a) The director has denied a request for approval of the
publicly owned treatment works pretreatment program;
(b) The director has revoked the publicly owned treatment
works pretreatment program;
(c) There is no pretreatment program currently being
implemented by the publicly owned treatment works;
(d) The publicly owned treatment works has requested the
director to implement, in whole or in part, the pretreatment
program.
(3) Require that a publicly owned treatment works
pretreatment program be incorporated in a permit issued to a
publicly owned treatment works as required by the "Federal Water
Pollution Control Act," require compliance by publicly owned
treatment works with those programs, and require compliance by
industrial users with pretreatment standards;
(4) Approve and deny requests for authority to modify
categorical pretreatment standards to reflect removal of
pollutants achieved by publicly owned treatment works;
(5) Deny and recommend approval of requests for
fundamentally different factors variances submitted by industrial
users;
(6) Make determinations on categorization of industrial
users;
(7) Adopt, amend, or rescind rules and issue, modify, or
revoke orders necessary for the administration and enforcement of
the publicly owned treatment works pretreatment program.
Any approval of a publicly owned treatment works
pretreatment program may contain any terms and conditions,
including schedules of compliance, that are necessary to achieve
compliance with this chapter.
(R) Except as otherwise provied PROVIDED in this division,
adopt rules in accordance
with Chapter 119. of the
Revised Code establishing procedures, methods, and equipment and
other requirements for equipment to prevent and contain
discharges of oil and hazardous substances into the waters of the
state. The rules shall be consistent with and equivalent in
scope, content, and coverage to section 311(j)(1)(c) of the
"Federal Water Pollution Control Act" and regulations adopted
under it. The director shall not adopt rules under this division relating to
discharges of oil from oil production facilities and oil drilling and workover
facilities as those terms are defined in that act and regulations adopted
under it.
This chapter authorizes the state to participate in the
national pollutant discharge elimination system, to administer
and enforce the publicly owned treatment works pretreatment
program, and to issue permits for the discharge of dredged or
fill materials, in accordance with the "Federal Water Pollution
Control Act." This chapter shall be administered, consistent
with the laws of this state and federal law, in the same manner
that the "Federal Water Pollution Control Act" is required to be
administered.
This section does not apply to animal waste treatment or
disposal works SYSTEMS and related management and conservation
practices
subject to rules adopted pursuant to division (E)(4) of section
1511.02 of the Revised Code and involving less than one thousand
animal units, as "animal units" is defined in the United
States
environmental protection agency regulations SECTION 903.01 OF THE
REVISED CODE. This exclusion does
not apply to animal waste treatment works DISPOSAL SYSTEMS
having a controlled
direct discharge to the waters of the state or to the discharge of
animal waste into a publicly owned treatment works.
Sec. 6111.04. No person shall cause pollution or place or
cause to be placed any sewage, industrial waste, or other wastes
in a location where they cause pollution of any waters of the
state, and any. ANY such action is hereby declared to be
a public
nuisance, except in such cases where the director of
environmental protection has issued a valid and unexpired permit,
or renewal thereof, as provided in sections 6111.01 to 6111.08 of
the Revised Code, or an application for renewal is pending.
No person to whom a permit has been issued shall place or
discharge, or cause to be placed or discharged, in any waters of
the state any sewage, industrial waste, or other wastes in excess
of the permissive discharges specified under such THE existing
permit
without first receiving a permit from the director to do so.
No person who is discharging or causing the discharge of
any sewage, industrial waste, or other wastes into the waters of
the state shall continue or cause the continuance of such THE
discharge, without first obtaining a permit therefore THEREFOR
issued by the director. The director shall prescribe by rule a
reasonable filing period within which applications may be filed
to obtain permits for existing discharges that have not been
authorized by A permit.
The director may require the submission of such plans,
specifications, and other information as he deems THAT THE DIRECTOR
CONSIDERS relevant in connection with the issuance of permits.
This section does not apply to ANY OF THE FOLLOWING:
(A) Waters used in washing sand, gravel, other aggregates,
or mineral products, when such THE washing and the
ultimate disposal
of the water used in such THE washing, including any sewage,
industrial waste, or other wastes contained in such THE waters,
are
entirely confined to the land under the control of the person
engaged in the recovery and processing of such THE sand, gravel,
other aggregates, or mineral products, and do not result in the
pollution of waters of the state;
(B) Water, gas, or other material injected into a well to
facilitate, or which THAT is incidental to, the production of
oil,
gas, artificial brine, or water derived in association with oil
or gas production and disposed of in a well, in compliance with a
permit issued under Chapter 1509. of the Revised Code, or sewage,
industrial waste, or other wastes injected into a well in
compliance with an injection well operating permit. This
division does not authorize, without a permit, any discharge that
is prohibited by, or for which a permit is required by,
regulation of the United States environmental protection agency.
(C) Application of any materials to land for agricultural
purposes or runoff of such THOSE materials from such
THAT application or
pollution by animal waste or soil sediment, including attached
substances, resulting from farming, silvicultural, or earthmoving
activities regulated by Chapter 307. or 1515. of the Revised
Code. This division does not authorize, without a permit, any
discharge from a treatment works for treating animal wastes
having a controlled direct discharge into the waters of the
state, or any discharge that is prohibited by, or for which a
permit is required by, regulation of the United States
environmental protection agency.
(D) The excrement of domestic and farm animals defecated
on land or runoff therefrom into any waters of the state. This
division does not authorize, without a permit, any discharge that
is prohibited by, or for which a permit is required by, SECTION 6111.03 OF
THE REVISED CODE OR
regulation of the United States environmental protection agency.
(E) The discharge of sewage, industrial waste, or other
wastes into a sewerage system tributary to a treatment works.
This division does not authorize any discharge into a publicly
owned treatment works in violation of a pretreatment program
applicable to such THE publicly owned treatment works.
(F) Septic tanks or any other disposal systems for the
disposal or treatment of sewage from single-family, two-family,
or three-family dwellings in compliance with the sanitary code
and section 1541.21 or 3707.01 of the Revised Code. This
division does not authorize, without a permit, any discharge that
is prohibited by, or for which a permit is required by,
regulation of the United States environmental protection agency.
The holder of a permit issued under section 402 (a) of the
"Federal Water Pollution Control Act" need not obtain a permit
for a discharge authorized by such THAT permit until its
expiration
date. The director of environmental protection shall administer
and enforce such permits within this state, and may modify the
terms and conditions thereof in accordance with division (J) of
section 6111.03 of the Revised Code.
Sec. 6111.44. (A) Except as otherwise provided in DIVISION
(B) OF THIS SECTION, IN section
6111.14 of the Revised Code, or in rules adopted under division
(G) of section 6111.03 of the Revised Code, no municipal
corporation, county, public institution, corporation, or officer
or employee thereof, or other person shall provide or install
sewerage or treatment works for sewage disposal, or make a change
in any sewerage or sewage treatment works until the plans
therefor have been submitted to and approved by the director of
environmental protection. Sections 6111.44 to 6111.46 of the
Revised Code apply to sewerage and treatment works for sewage of
a municipal corporation or part thereof, an unincorporated
community, a county sewer district, or other land outside of a
municipal corporation or any publicly or privately owned building
or group of buildings or place, used for the assemblage,
entertainment, recreation, education, correction,
hospitalization, housing, or employment of persons, but do not
apply to sewerage or treatment works for sewage installed or to
be installed for the use of a private residence or dwelling, or
to animal waste treatment or disposal works and related
management and conservation practices subject to rules adopted
pursuant to division (E)(4) of section 1511.02 of the Revised
Code and involving less than one thousand animal units as animal
units are defined in the United States environmental protection
agency regulations. This exclusion does not apply to animal
waste treatment works having a controlled direct discharge to
waters of the state.
In granting an approval, the director of environmental
protection may stipulate such modifications, conditions, and
rules as THAT the public health and prevention of pollution may
require. Any action taken by the director shall be a matter of
public record and shall be entered in his THE DIRECTOR'S
journal. Each period
of thirty days that a violation of this section continues, after
a conviction for such THE violation, constitutes a separate
offense.
(B) SECTIONS 6111.45 AND 6111.46 OF
THE REVISED
CODE AND DIVISION
(A) OF THIS SECTION DO NOT
APPLY TO ANY OF THE FOLLOWING:
(1) SEWERAGE OR TREATMENT WORKS FOR SEWAGE INSTALLED OR
TO BE INSTALLED FOR THE USE OF A PRIVATE RESIDENCE OR
DWELLING;
(2) ANIMAL WASTE DISPOSAL SYSTEMS AND RELATED MANAGEMENT
AND CONSERVATION PRACTICES THAT ARE SUBJECT TO RULES ADOPTED UNDER
DIVISION (E)(4) OF SECTION
1511.02 OF THE REVISED
CODE AND INVOLVING LESS THAN
ONE THOUSAND ANIMAL UNITS AS DEFINED IN SECTION 903.01 OF THE
REVISED
CODE. THE EXCLUSION
ESTABLISHED UNDER DIVISION
(B)(2) OF THIS SECTION DOES NOT
APPLY TO ANIMAL WASTE DISPOSAL SYSTEMS HAVING A CONTROLLED
DIRECT DISCHARGE TO WATERS OF THE STATE.
(3) CONCENTRATED ANIMAL FEEDING OPERATIONS FOR WHICH A
PERMIT IS REQUIRED UNDER SECTION 903.02 OF THE
REVISED
CODE. THE EXCLUSION
ESTABLISHED UNDER DIVISION
(B)(3) OF THIS SECTION DOES NOT
RELIEVE THE OWNER OR OPERATOR OF A CONCENTRATED ANIMAL FEEDING
OPERATION FROM ANY REQUIREMENT TO OBTAIN A PERMIT FOR THE
DISCHARGE OF SEWAGE, INDUSTRIAL WASTE, OR OTHER WASTE UNDER
DIVISION (J)(1) OF SECTION
6111.03 OF THE REVISED
CODE OR TO COMPLY WITH THE
REQUIREMENTS OF A GENERAL PERMIT ISSUED UNDER SECTION 6111.035
OF THE REVISED
CODE, AS APPLICABLE.
Section 2. That existing sections 1521.01, 5516.061,
6111.03, 6111.04, and 6111.44 of the Revised Code are hereby repealed.
Section 3. All items in this section are hereby appropriated as
designated out of any moneys in the state treasury to the credit of
the General Revenue Fund. For all
appropriations made in this
act, those in the first column are for fiscal year 2000 and
those in the second column are for fiscal year 2001. The
appropriations made in this act are in addition to any other
appropriations made for the 1999-2001 biennium.
AGR DEPARTMENT OF AGRICULTURE
General Revenue Fund
GRF | 700-414 | Concentrated Animal Feeding Operation Advisory Committee | $ | 25,000 | $ | 25,000 |
TOTAL GRF General Revenue Fund | $ | 25,000 | $ | 25,000 |
TOTAL ALL BUDGET FUND GROUPS | $ | 25,000 | $ | 25,000 |
Within the limits set forth in this act, the Director of Budget
and Management shall establish accounts indicating the source
and amount of funds for each appropriation made in this act and
shall determine the form and manner in which appropriation
accounts shall be maintained. Expenditures from appropriations
contained in this act shall be accounted for as though made in
Sub. H.B. 283 of the 123rd General
Assembly.
The appropriations made in this act are subject to all
provisions of Sub. H.B. 283 of the 123rd
General Assembly that are generally applicable to such
appropriations.
Section 4. As used in this section, "concentrated animal feeding
operation" has the same meaning as in section 903.01 of the Revised Code, as
enacted by this act.
On the effective date of this act, the Director of Environmental
Protection shall provide the Director of Agriculture with copies
of all permits issued under division (J)(1) of section 6111.03 of
the Revised Code for the installation of disposal systems at
concentrated animal feeding operations that are operating on
that date together with any related information that the
Director of Agriculture requests.
Section 5. The codified and uncodified sections of law
contained in this act are not subject to the referendum.
Therefore, under Ohio Constitution, Article II, Section 1d and
section 1.471 of the Revised Code, the codified and uncodified
sections of law contained in this act go into immediate effect
when this act becomes law.
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